Minnesota Session Laws - 2002, Regular Session

                            CHAPTER 321-S.F.No. 2949 
                  An act relating to government data; background checks; 
                  expanding what is considered to be public criminal 
                  history data; modifying procedures for certain 
                  background checks; authorizing criminal history checks 
                  for certain liquor license applicants; clarifying use 
                  of data collected on employees of certain license 
                  holders; amending Minnesota Statutes 2000, sections 
                  13.87, subdivision 1; 171.321, subdivision 3; 299C.68, 
                  subdivision 5; 326.336, subdivision 1; 340A.301, 
                  subdivision 2; 340A.402. 
        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
           Section 1.  Minnesota Statutes 2000, section 13.87, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [CRIMINAL HISTORY DATA.] (a)  [DEFINITION.] 
        For purposes of this subdivision, "criminal history data" means 
        all data maintained in criminal history records compiled by the 
        bureau of criminal apprehension and disseminated through the 
        criminal justice information system, including, but not limited 
        to fingerprints, photographs, identification data, arrest data, 
        prosecution data, criminal court data, custody and supervision 
        data.  
           (b)  [CLASSIFICATION.] Criminal history data maintained by 
        agencies, political subdivisions and statewide systems are 
        classified as private, pursuant to section 13.02, subdivision 
        12, except that data created, collected, or maintained by the 
        bureau of criminal apprehension that identify an individual who 
        was convicted of a crime and, the offense of which the 
        individual was convicted, associated court disposition and 
        sentence information, controlling agency, and confinement 
        information are public data for 15 years following the discharge 
        of the sentence imposed for the offense. 
           The bureau of criminal apprehension shall provide to the 
        public at the central office of the bureau the ability to 
        inspect in person, at no charge, through a computer monitor the 
        criminal conviction data classified as public under this 
        subdivision. 
           (c)  [LIMITATION.] Nothing in paragraph (a) or (b) shall 
        limit public access to data made public by section 13.82. 
           Sec. 2.  Minnesota Statutes 2000, section 171.321, 
        subdivision 3, is amended to read: 
           Subd. 3.  [RECORDS CHECK OF APPLICANT.] (a) Before issuing 
        or renewing a school bus endorsement, the commissioner shall 
        conduct a criminal history and driver's license records check of 
        the applicant.  The commissioner may also conduct the check at 
        any time while a person is so licensed.  The check must consist 
        of a criminal records history check of the state criminal 
        records repository and a check of the driver's license records 
        system.  If the applicant has resided in Minnesota for less than 
        five years, the check must also include a national criminal 
        records history check of information from the state law 
        enforcement agencies in the states where the person resided 
        during the five years before moving to Minnesota, and of the 
        national criminal records repository including the criminal 
        justice data communications network.  The commissioner shall 
        accept the national criminal history check request and the 
        fingerprints of the applicant and is authorized to exchange 
        fingerprints with the Federal Bureau of Investigation and 
        request the Federal Bureau of Investigation to conduct a 
        criminal history check.  The applicant's failure to cooperate 
        with the commissioner in conducting the records check is 
        reasonable cause to deny an application or cancel a school bus 
        endorsement.  The commissioner may not release the results of 
        the records check to any person except the applicant or the 
        applicant's designee in writing. 
           (b) The commissioner may issue to an otherwise qualified 
        applicant a temporary school bus endorsement, effective for no 
        more than 180 days, upon presentation of (1) an affidavit by the 
        applicant that the applicant has not been convicted of a 
        disqualifying offense and (2) a criminal history check from each 
        state of residence for the previous five years.  The criminal 
        history check may be conducted and prepared by any public or 
        private source acceptable to the commissioner.  The commissioner 
        may reissue the temporary endorsement if the National Criminal 
        Records Repository check is timely submitted but not completed 
        within the 180-day period. 
           Sec. 3.  Minnesota Statutes 2000, section 299C.68, 
        subdivision 5, is amended to read: 
           Subd. 5.  [RESPONSE OF BUREAU.] The superintendent shall 
        respond in writing to a background check request within a 
        reasonable time not to exceed ten working days after receiving 
        the signed form under subdivision 3.  If a search is being done 
        of the national criminal records repository and that portion of 
        the background check is not completed, the superintendent shall 
        notify the owner that the background check is not complete and 
        shall provide that portion of the background check to the owner 
        as soon as it is available.  If a search is being done of the 
        national criminal records repository, the superintendent shall 
        determine eligibility based upon national records received.  The 
        superintendent shall reply to the owner in writing, indicating 
        whether the manager is or is not eligible for employment.  The 
        superintendent's response must clearly indicate whether the 
        manager has ever been convicted of a background check crime and, 
        if so, a description of the crime, date and jurisdiction of 
        conviction, and date of discharge of the sentence. 
           Sec. 4.  Minnesota Statutes 2000, section 326.336, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [BACKGROUND CHECK.] A license holder may 
        employ, in connection with the business of private detective or 
        protective agent, as many unlicensed persons as may be 
        necessary; provided that every license holder is at all times 
        accountable for the good conduct of every person employed.  When 
        a license holder hires a person to perform services as a private 
        detective or protective agent, the employer shall submit to the 
        bureau of criminal apprehension a full set of fingerprints of 
        each employee and the written consent of the employee to enable 
        the bureau to determine whether that person has a criminal 
        record.  The employee is a conditional employee until the 
        employer receives a report from the bureau that, based on a 
        check of the criminal records maintained by the bureau, the 
        prospective employee has not been convicted in Minnesota of a 
        felony or any offense listed in section 326.3381, subdivision 3, 
        other than a misdemeanor or gross misdemeanor assault.  During 
        the period of conditional employment, the person may not serve 
        as a private detective or protective agent, but may be trained 
        by the employer.  The bureau shall immediately forward the 
        fingerprints to the Federal Bureau of Investigation and request 
        the Federal Bureau of Investigation to conduct a criminal 
        history check of each conditional employee's criminal record, 
        and the bureau of criminal apprehension shall immediately 
        forward the results to the employer when they are received 
        employee.  The bureau shall determine if the bureau report or 
        Federal Bureau of Investigation report indicates that the 
        employee was convicted of a disqualifying offense, and shall 
        notify the employer accordingly.  The employer shall immediately 
        dismiss the an employee who has been convicted of a 
        disqualifying offense. 
           Sec. 5.  Minnesota Statutes 2000, section 340A.301, 
        subdivision 2, is amended to read: 
           Subd. 2.  [PERSONS ELIGIBLE.] Licenses under this section 
        may be issued only to a person who: 
           (1) is of good moral character and repute; 
           (2) is 21 years of age or older; 
           (3) has not had a license issued under this chapter revoked 
        within five years of the date of license application, or to any 
        person who at the time of the violation owns any interest, 
        whether as a holder of more than five percent of the capital 
        stock of a corporation licensee, as a partner or otherwise, in 
        the premises or in the business conducted thereon, or to a 
        corporation, partnership, association, enterprise, business, or 
        firm in which any such person is in any manner interested; and 
           (4) has not been convicted within five years of the date of 
        license application of a felony, or of a willful violation of a 
        federal or state law, or local ordinance governing the 
        manufacture, sale, distribution, or possession for sale or 
        distribution of alcoholic beverages.  The alcohol and gambling 
        enforcement division may require that fingerprints be taken and 
        may forward the fingerprints to the Federal Bureau of 
        Investigation for purposes of a criminal history check. 
           Sec. 6.  Minnesota Statutes 2000, section 340A.402, is 
        amended to read: 
           340A.402 [PERSONS ELIGIBLE.] 
           No retail license may be issued to: 
           (1) a person under 21 years of age; 
           (2) a person who has had an intoxicating liquor or 3.2 
        percent malt liquor license revoked within five years of the 
        license application, or to any person who at the time of the 
        violation owns any interest, whether as a holder of more than 
        five percent of the capital stock of a corporation licensee, as 
        a partner or otherwise, in the premises or in the business 
        conducted thereon, or to a corporation, partnership, 
        association, enterprise, business, or firm in which any such 
        person is in any manner interested; 
           (3) a person not of good moral character and repute; or 
           (4) a person who has a direct or indirect interest in a 
        manufacturer, brewer, or wholesaler.  
           In addition, no new retail license may be issued to, and 
        the governing body of a municipality may refuse to renew the 
        license of, a person who, within five years of the license 
        application, has been convicted of a felony or a willful 
        violation of a federal or state law or local ordinance governing 
        the manufacture, sale, distribution, or possession for sale or 
        distribution of an alcoholic beverage.  The alcohol and gambling 
        enforcement division or licensing authority may require that 
        fingerprints be taken and forwarded to the Federal Bureau of 
        Investigation for purposes of a criminal history check. 
           Presented to the governor April 4, 2002 
           Signed by the governor April 8, 2002, 2:30 p.m.